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Harare High Court
SELEMAN SAIDI versus MEDICAL AND DENTAL PRACTITIONERS’ COUNCIL and HEALTH PROFESSIONS AUTHORITY OF ZIMBABWE and MINISTER OF HEALTH AND CHILD CARE
HH 604-25
Case Details
Court
Harare High Court
Date
7 October 2025
Citation
HH 604-25
Neutral Citation
[2025] ZWHH 604
Outcome
unknown
Case Type
Application
Bench
Presiding
DEME J
Full Bench
DEME J
Areas of Law
Constitutional LawAdministrative LawMedical Law
Keywords
freedom of conscienceright to professionblood transfusionreligious beliefssubsidiaritymedical ethics
Tags
constitutional applicationmedical practitionerfreedom of conscienceprofessional restriction
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- {'(1)(a)': '"A person may apply to the High Court for redress in relation to an actual or threatened infringement of a fundamental right within the Declaration of Rights."'}
- {'(2)': '"The fact that a person has contravened a law does not debar them from approaching a court for relief under subsection (1)."'}
- Health Professions Act
- {'(1)': '"Any person who is aggrieved by a decision of the Authority … may … appeal to the High Court against the decision."'}
- {'(2)': '"On an appeal … the High Court may confirm, vary or set aside the decision … or give such decision in the matter as it considers the Authority ought to have given."\n### OTHER AUTHORITIES'}
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant should have exhausted the appeal procedure under Section 128 of the Health Professions Act before approaching the court on constitutional grounds","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant abandoned appeal process; Section 128 provides comprehensive remedy"}
- {"issue_text":"Whether the decision to restrict applicant's practice infringes his right to freedom of conscience under section 60(1) of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant's religious beliefs against blood transfusions"}
- {"issue_text":"Whether the decision to restrict applicant's practice infringes his right to choose and carry on a profession under section 64 of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Restriction limited applicant to specific medical fields"}
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background
Facts of the Case
Background
The applicant, a registered medical practitioner, was restricted to practicing only in public health, forensic pathology and histopathology due to his religious beliefs against administering blood transfusions. He challenged this decision as violating his constitutional rights to freedom of conscience and to choose and carry on a profession.
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